[Adopted 6-8-1993, effective 6-21-1993]
The Common Council finds that the transportation of waste tires
within the City of Buffalo contributes to storage problems and the
illegal dumping of said tires thereby posing potential fire and environmental
hazards. This Article is enacted to protect the health, safety and
welfare of citizens of the City of Buffalo.
For the purposes of this Article, the following definitions
shall apply:
A local transporter permit issued pursuant to § 235-17.
Used tires, whether intended for reuse, recycling or disposal.
[Amended 9-2-1997, effective 9-11-1997]
No person, firm or corporation shall transport more than four waste tires within the City of Buffalo without a local transporter permit as provided in § 235-17.
A.
Any person, firm or corporation transporting between four and 10 waste tires within the City of Buffalo without a local transporter permit shall be subject to a fine as provided in § 235-20A(1) of this chapter.
B.
Any person, firm or corporation transporting between 11 and 25 waste tires within the City of Buffalo without a local transporter permit shall be subject to a fine as provided in § 235-20A(2) of this chapter.
C.
Any person, firm or corporation transporting between 26 and 50 waste tires within the City of Buffalo without a local transporter permit shall be subject to a fine as provided in § 235-20A(3) of this chapter.
D.
Any person, firm or corporation transporting more than 50 waste tires within the City of Buffalo without a local transporter permit shall be subject to the penalties as provided in § 235-20A(4) of this chapter.
An application for a local transporter permit shall be filed
with the Director of Licenses and Permits indicating the vehicle or
vehicles and equipment and any place of temporary storage used or
to be used by the applicant, and the place or places where and the
manner in which the applicant will finally dispose of the waste tires,
and such other information as the Director of Licenses and Permits,
the Department of Police or the Department of Fire deems necessary.
A.
The applicant shall, before a permit is issued, provide a surety
bond in the penal sum of $50,000, conditioned for compliance with
this Article and other applicable laws and ordinances, further, said
bond shall be forfeitable to the City of Buffalo for any fines imposed
as a result of violations of this Article, or costs incurred by the
City of Buffalo, including but not limited to payment of costs directly
or indirectly related to cleanup, storage or disposal of tires improperly
transported by the permit holder in violation of this Article or other
applicable laws and ordinances, such bond to be in a form and content
acceptable to the Corporation Counsel.
A.
Upon review and approval of the application by the Director of Licenses
and Permits, the Department of Police and the Department of Fire,
the Director of Licenses and Permits shall issue a local transporter
permit.
B.
Upon review and denial of the application, the Director of Licenses
and Permits shall issue a written statement to the applicant specifying
the reasons for the denial.
A local transporter permit issued pursuant to § 235-17 may be revoked by the Director of Licenses and Permits for any one or more of the following reasons:
A.
Any person, firm or corporation granted a local transporter permit
shall make an annual report to the Director of Licenses and Permits,
the Department of Police and the Department of Fire, indicating the
location, number and type of facilities where work has been performed
involving the transportation of waste tires, the volume and nature
of waste tires that were transported and the place and manner in which
such waste tires were finally disposed, and such other information
as the Director of Licenses and Permits, the Department of Police
or the Department of Fire may require.
B.
Any person, firm or corporation granted a local transporter permit
under shall conspicuously display the permit number on the outside
of every vehicle involved in the transportation of waste tires. Further,
a local transporter permit shall be carried in any vehicle involved
in the transportation of waste tires.
[Amended 9-2-1997, effective 9-11-1997; 6-5-2003, effective 6-6-2003]
A.
Any person, firm or corporation who shall violate any of the provisions
of this article shall be subject to a fine or penalty as follows:
(1)
Any person, firm or corporation transporting between four and 10
waste tires within the City of Buffalo without a local transporter
permit shall be punishable by a Class D fine in the amount of $75.
(2)
Any person, firm or corporation transporting between 11 and 25 waste
tires within the City of Buffalo without a local transporter permit
shall be punishable by a Class F fine in the amount of $150.
(3)
Any person, firm or corporation transporting between 26 and 50 waste
tires within the City of Buffalo without a local transporter permit
shall be punishable by a Class G fine in the amount of $200.
(4)
Any person, firm or corporation transporting more than 50 waste tires
within the City of Buffalo without a local transporter permit shall
be punishable by a Class I fine in the amount of $1,500 or by imprisonment
for not more than 15 days, or both such fine and imprisonment, for
each offense.
